Okla. Stat. tit. 63, § 63-1-723.2: Discount program for qualified self-pay patients -

Defense in collection action.

A. Each hospital in this state shall establish a discount

program for hospital charges for qualified self-pay patients who

have household incomes of up to three hundred percent (300%) of the

federal poverty guidelines. This discount program shall not be

required for patients who are eligible for or enrolled in private or

public insurance plans providing hospital coverage, including

indemnity plans.

B. While a hospital may set uniform prices for its services,

products, and fees, qualified self-pay patients shall be eligible

for minimum discounts from the hospital so that the hospital charge

after the discount shall not exceed the greater of the amount

Medicare would pay for the same services, or the cost of services as

determined by multiplying the hospital’s whole cost-to-charge ratio

by the billed charges.

C. It shall be the responsibility of the patient to establish

their eligibility for the discount.

D. The provisions of this section do not apply to procedures

that are not medically necessary as determined by the treating

physician.

E. In a collection action brought by the hospital, a patient

may assert the provisions of this section as a defense to the

action. To be available as a defense, the patient must establish

eligibility for the discount by proving:

1. The household income of the patient is below three hundred

percent (300%) of the federal poverty guidelines; and

2. The patient is not eligible or enrolled in private or public

insurance plans providing hospital coverage.

If the elements are established, the hospital is limited in its

collection efforts to the greater of the amount Medicare would pay

for the same services, or the cost of services as determined by

multiplying the hospital’s whole cost-to-charge ratio by the billed

charges.